Federal Court of Australia
" Administrative law - validity of search warrant - warrant issued
pursuant to Crimes Act 1914 to member of Australian Federal Police while seconded to National Crime Authority - whether warrant invalid as failing to comply with relevant provisions of National
Crime Authority Act 1984 - allegation that description of
documents and identification of offence in warrant not
sufficiently particularised - whether warrant bad on its face - need to examine warrant in its entirety - offence in warrant adentified by reference to incorrect section - whether warrant invalidated
Crimes Act 1914 5.10
National Crime Authority Act 1984 ss.22, 51 Australian Federal Police Act 1979 s.33
WAYNE RYDER, EVELYN AMY RYDER, W. RYDER & CO. |*. THOR NICKEL EXPLORATION PTY. LTD. , FRANCO AUSTRAL EXPLORATION PTY. LTD., RAFFINDALE PITY. LTD. and ~ TAKSAN PITY. OTD.
Vv. THEODORE RICHARD MORLEY and JAMES KENNETH McLAREN and NATIONAL CRIME AUTHORITY .
No. WA G78 of 1986
TOOHEY J. PERTH
12 DECEMBER 1986
"De \ Ree
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G78 of 1986
BETWEEN:
WAYNE RYDER, EVELYN AMY RYDER, W. RYDER & CO., THOR NICKEL EXPLORATION PTY. LTD, FRANCO AUSTRAL EXPLORATION PTY. LID., RAFFINDALE PTY. LTD. and TAKSAN PTY. LTD. Applicants
and
THEODORE RICHARD MORLEY First Respondent
and
JAMES KENNETH McLAREN Second Respondent
and
NATIONAL CRIME AUTHORITY Third Respondent CORAM: TOOHEY J. 12 December 1986
REASONS FOR JUDGMENT This case concerns the validity of a search warrant.
Like most such cases, much turns upon the language of the warrant
itself. For that reason I attach as an appendix a copy of the
warrant under attack.
However there is amore basic question, involving the relationship between the National Crime Authority Act 1984, the
Crimes Act 1914 and the Australian Federal Police Act 1979. I
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